Queensland Consolidated Regulations

BODY CORPORATE AND COMMUNITY MANAGEMENT (SMALL SCHEMES MODULE) REGULATION 2020 - REG 150

150 Return of body corporate property [SM, s 235]

(1) This section applies if—

(a) a person has possession or control of any of the following property (the
"specified property" )—

(i) a body corporate asset for a community titles scheme;

(ii) a record or other document of a body corporate; and

(b) the person took possession or control of the specified property in the person’s capacity, or purportedly in the person’s capacity, as—

(i) a member, or an associate of a member, of the body corporate or of the committee; or

(ii) a body corporate manager or service contractor, or an associate of a body corporate manager or service contractor; or

(iii) the original owner; and

(c) the person is served with a prescribed notice requiring the person to give, within 14 days after the person is served with the notice, the specified property to—

(i) the treasurer or secretary as named in the notice; or

(ii) if a body corporate manager is acting under a chapter 3 , part 5 engagement—a member of the body corporate who is named in the notice.

(2) The person must comply with the notice.

Penalty—

Maximum penalty—20 penalty units.

(3) The person may not claim a lien on specified property mentioned in subsection (1) (a) (ii) .

(4) In this section—

"prescribed notice" means—

(a) a notice of a resolution of the committee; or

(b) if a body corporate manager is acting under a chapter 3 , part 5 engagement—a notice signed by or for the owners of at least one-half of the lots included in the scheme.